WHEREAS it is expedient to provide a form of marriage for persons who do not profess the Christian, Jewish, Hindu, Muslim, Parsi, Buddhist, Sikh or Jaina religion, and for persons who profess the Hindu, Buddhist, Sikh or Jaina religion and to legalize certain marriages the validity of which is doubtful; It is hereby enacted as follows:–
- This Act extends to the whole of [Bangladesh]. Conditions upon which marriages under Act may be celebrated
- Marriages may be celebrated under this Act between persons neither of whom professes the Christian or the Jewish, or the Hindu or the Muslim or the Parsi or the Buddhist, or the Sikh or the Jaina religion, or between persons each of whom professes one or other of the following religions, that is to say, the Hindu, Buddhist, Sikh or Jaina religion upon the following conditions:–
- neither party must, at the time of the marriage, have a husband or wife living:
- the man must have completed his age of eighteen years, and the woman her age of fourteen years, according to the Gregorian calendar:
- each party must, if he or she has not completed the age of twenty-one years, have obtained the consent of his or her father or guardian to the marriage:
- the parties must not be related to each other in any degree of consanguinity or affinity which would, according to any law to which either of them is subject, render a marriage between them illegal.
1st Proviso- No such law or custom, other than one relating to consanguinity or affinity, shall prevent them from marrying.
2nd Proviso- No law or custom as to consanguinity shall prevent them from marrying, unless a relationship can be traced between the parties through some common ancestor, who stands to each of them in a nearer relationship than that of great-great-grand-father or great-great-grand-mother, or unless one of the parties is the lineal ancestor, or the brother or sister of some lineal ancestor, of the other.
Appointment of Marriage Registrars
4. When a marriage is intended to be solemnized under this Act, one of the parties must give notice in writing to the Registrar before whom it is to be solemnized.
The Registrar to whom such notice is given must be the Registrar of a district within which one at least of the parties to the marriage has resided for fourteen days before such notice is given. Such notice may be in the form given in the First Schedule to this Act.
Notice to be filed and copy entered in the Marriage Notice Book
Objection to Marriage
Any person may object to any such marriage on the ground that it would contravene some one or more of the conditions prescribed in clauses (1), (2), (3) or (4) of section 2.
The nature of the objection made shall be recorded in writing by the Registrar in the register, and shall, if necessary, be read over and explained to the person making the objection, and shall be signed by him or on his behalf.
Procedure on receipt of objection Objector may file suit
The person objecting to the intended marriage may file a suit in any Civil Court having local jurisdiction (other than a Court of Small Causes) for a declaratory decree, declaring that such marriage would contravene some one or more of the conditions prescribed in clauses (1), (2), (3) or (4) of section 2.
Certificate of filing of suit to be lodged with Registrar
If such certificate be not lodged in the manner and within the period prescribed in the last preceding paragraph, or if the decision of the Court be that such marriage would not contravene any one or more of the conditions prescribed in clauses (1), (2), (3) or (4) of section 2, such marriage may be solemnized.
If the decision of such Court be that the marriage in question would contravene any one or more of the conditions prescribed in clauses (1), (2), (3) or (4) of section 2, the marriage shall not be solemnized.
Court may fine when objection not reasonable
Declaration by parties and witnesses
Marriage how to be solemnized
Place where marriage may be solemnized
Certificate of marriage
14. The Government shall prescribe the fees to be paid to the Registrar for the duties to be discharged by him under this Act.
The Registrar may, if he thinks fit, demand payment of any such fee before the solemnization of the marriage or performance of any other duty in respect of which it is payable.
The said Marriage-Certificate Book shall at all reasonable times be open for inspection, and shall be admissible as evidence of the truth of the statements therein contained. Certified extracts therefrom shall on application be given by the Registrar on the payment to him by the applicant of a fee to be fixed by the Government for each such extract.
Penalty on married person marrying again under Act
Punishment of bigamy
Divorce Act to apply
Law to apply to issue of marriages under Act
Saving of marriages solemnized otherwise than under Act
Effect of certain marriages on coparcenary
Rights of succession in certain cases of marriage under Act
Provided that nothing in this section shall confer on any person any right to any religious office or service, or to the management of any religious or charitable trust.
Succession to the property of parties married under Act
Person marrying under Act not to have right of adoption
Adoption by father of person marrying under Act
Throughout this Act, except otherwise provided, the words “Government”, “Muslim” and “Penal Code” were substituted, for the words “Provincial Government”, “Muhammadan” and “Pakistan Penal Code” respectively by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).
Throughout this Act, except otherwise provided, the words “Government”, “Muslim” and “Penal Code” were substituted, for the words “Provincial Government”, “Muhammadan” and “Pakistan Penal Code” respectively by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973
The word “Bangladesh” was substituted, for the word “Pakistan” by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)
Section 13A was inserted by section 29 of the Birth, Deaths and Marriages Registration Act, 1886 (Act No. VI of 1886)
The words, comma and figure “Succession Act, 1925” were substituted, for the words, comma and figure “Indian Succession Act, 1865” by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)